Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-19
APPLICATION FOR PATENT.

AVA - - -. 49,
APPLICATION FOR PATENT.
where papers have once been filed with the
Register and Receiver they become o part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land Once.
An application will be rejected when the
scription Of the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
knowledge of the Register.
Second-The notice was not published In o
newspaper designated a. published nearest the
claim.
Thlrd-Record title was found defective,
md
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending . suit In Court commenced by
the adverse claim ant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions Of . claim, application for
patent may be made by either for tn ut portion
OF the claim owned by him; but where several
parties own undivided interests in : mining
claim all should join in an application for .
patent.
A person or association may purchase as
many placer locations a. the local law admits,
and embrace them all In one application for .
pstont.
Two or more lodes cannot be embraced in
one application for a patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport.
ing to act as 4 deputy for the Register and he.
,aivar ranrak ha rae0rdad an avftanra
In all patents for mining claims situated
within the interior boundaries of q town site
. clause ts inserted "excepting aud excluding
all town property, rights upon the surface
and all houses, buildings. structures, lots
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
In, and all rights necessity or proper to the
occupation, possession and enjoyment OF thu
same"
Publication Of notice must be made n ONLY
one newspaper for the period OF GO days.
Notice must be published 10 consecutiv,
weeks in weekly newspapers. and In daily
newspapers 60 days must elspse between til,
frat and last insertions.
Where the Register designates the 4 ally issu,
Of 9 newspaper fer publication of notices Of
mining application for patent 1t Is not q com
pliance with law to change TO the weekly edi
ton of the same paper without authority O
the Register.
The existence Of o salt spring on q tract O
land withdraws 1t from the operation Of tn,
homestead and presumption laws. A hsarin,
for the purpose OF proving the agriculture
character Of such land 10 not allowed Ian,
containing valuable deposits Of slate may b
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must nle o separate an,
distinct claim against each application which
IL 10 alleged conflicts with the premises owne,
by such adverse cisimant.
The papers In an adverse claim, once fled
cannot be withdrawn. but becomes 9 part Of tn
record.
When an adverse claim has been fled 1t can
not be amended so an to embrace g larger pei
ton OF the promises than thst described In tn
original adverse claim.
An adverse claim must be made ont ii
proper form and filed In the proper local OH
during the period of publication Of the sppli
cation for the patent to be effective.
1t 10 the duty of the adverse claimant
commences suit In proper form within the re
CURED time, and If he trusts the uncertain
medium Of the United States mail he mus
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result OF
the corr u or dishonest action Of his attorney
the Interior Department cannot redress III.
wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bases his advers,
claim. A statement In general terms, embody
ing conclusions Of law, without stating til,
facts specially, will not be considered 10 evi
dence.
An adverse claimant should show a commit
ance with the local aws IN recording his clsin
and in regard to expenditures. aud shall ME
copy of the original notice Of his location, an
show the nature or extent Of the confic
alleged.
compose the comp any Ia sufficient, and the,
are not required to prove that they are tn
original locators or the identical parties VIII,
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS,
Where land IL Of little, IL SLY value. for agri
cultural purposes, but 10 essential to tn
proper development Of mining claims. /
should be disposed of under the Mining Act.
Where lands containing valuable miners
deposits hsve been included In an Agriculture
entry. said entry will be cancelled AZ any tim
prior to issuance of patent, upon satisfactor
evidence Of the existence Of such valuable dc
posits.
Where valuable deposits Of mineral are dis
covered upon 8 tract sfter the same aas bee,
entered as agricultural, but before l ltent ha
been issued, the parties claiming the min
may make application for patent for sam,
and the agricultural entry will be Cancelled i
that portion OF tho land embraced by sal
mining claim.
Where mineral deposits are discovered O
Agricultural lande alter the patent has bee
issued to an agricultural claimant, they pss
with the patent.
Agricultural College scrip cannot be
ceiyed In payment for claims.
ALIENS.
A foreigner may mako o mining location
dispose OF It. provided he becomes q citize,
before disposing OF the mine. Proof that tn,
party was not 0 citizen before disposinQ of hi
claim must be afarmativeiy shown.
Locstors and intermediate owners. othe
than applicants. will not be presumed aiiena
IN the absence Of allegation or objection prio
to issuance Of patent. 80
T h portion Of 9 mining claim sold 10 a,
alien cannot be patented whilo such owner 4
an alien; but on his deciarationi o become
citizen his right dates back TO his purchsse
aud he may thereupon secure United State
patent for his claim.
CROSS LRDGKs.
Revised Statutes. Section 1885:
Where two or more lodges GROSS or fptersec
esch other, priority OF title shall govern. AM
such prior location shall be entitled 10 ali or,
or mineral contained within the space of inter
section. but the subsequent location shall sy,
tne right or WRy throuoh The an.n. . A.-